Monday, August 13, 2007

AGGRAVATED CRIMINAL SEXUAL CONTACT - WHILE ARMED

(N.J.S.A. 2C:14-3a [2C:14-2a(4)])
The indictment in this case charges the defendant with aggravated criminal sexual contact.
The indictment reads as follows:
(Read indictment)
The pertinent part of the statute on which this indictment is based reads as follows:
A person is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with another person when he is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object.
In order to find a defendant guilty of this crime, the State is required to prove from the evidence in this case beyond a reasonable doubt each of the following elements:
1. On or about (Date) the defendant engaged in sexual contact with (name of victim) .
According to the law, sexual contact means an intentional touching by the victim or the defendant, either directly or through clothing, of the victim's or defendant's intimate parts for the purpose of humiliating the victim or sexually arousing or sexually gratifying the defendant. Intimate parts means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. Sexual contact of the defendant with (himself/ herself) must be in view of the victim whom the defendant knows to be present.
A person acts purposely with respect to the nature of (his/ her) conduct or a result thereof, if it is (his/her) conscious object to engage in conduct of that nature or cause such a result. (A person acts purposely with respect to attendant circumstances if (he/she) is aware of such circumstances or (he/she) believes or hopes that they exist.) In other words, it must be shown that the defendant committed the act of sexual contact with the purpose of degrading or humiliating the victim or arousing (himself/herself).
2. That the defendant was armed, or had on (his/her) person a weapon, or any object fashioned in such a manner as to lead (name of victim) to reasonably believe it to be a weapon.
3. That the defendant threatened (name of victim) by word or gesture to use the weapon or object which (name of victim) reasonably believed to be a weapon.
AGGRAVATED CRIMINAL SEXUAL CONTACT - WHILE ARMED
(N.J.S.A. 2C:14-3a [2C:14-2a(4)])
Page 2 of 2
Weapon means anything readily capable of lethal use or of inflicting serious bodily injury. The term weapon includes, but is not limited to, firearms even though they are not loaded and capable of being immediately operable, gravity knives, switch blade knives, daggers, dirks, stilettos or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, sling shots, cestus or other similar leather bands studded with metal fillings or razor blades embedded in wood, and any weapon or other device which projects, releases or emits tear gas or other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed into the air. (N.J.S.A. 2C:39-1r - Charge the weapon or item applicable.)
In summary, if the State has proven to your satisfaction beyond a reasonable doubt each of the elements as I have explained them, then you should find the defendant guilty, of the crime of aggravated criminal sexual contact. On the other hand, if you find that the State has failed to prove to your satisfaction beyond a reasonable doubt any one or all of these elements, then you must find the defendant not guilty of aggravated criminal sexual contact.